February 11, 2014

Welcome to the South Carolina Bar's E-Blast!February 11, 2014E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org. Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.

Attention: S.C. Bar CLE seminars postponed
Due to inclement weather, the CLE Division has postponed the following seminars: LEAPP Ethics School originally scheduled for Feb. 12 (new seminar date: Monday, Feb. 24, from 8:45 a.m. to 4:30 p.m. at the S.C. Bar Conference Center); LEAPP Advertising School originally scheduled for the afternoon of Feb. 11 (please watch for new date and time); LEAPP Trust Accounting originally scheduled for Feb. 13 (please watch for new date and time);Text, Drugs and Rock n’ Roll will still be held Thursday, Feb. 13, at the Charleston Marriott from 8:50 a.m. to 12:15 p.m.; and2014 S.C. Tort Law Update (to be held Friday, Feb. 14): The Greenville (Buck Mickel) satellite location has been closed and it is possible that other locations may also be closed. Please check the CLE calendar for possible satellite closings or delays. Please note there are several options for attorneys who would have attended at closed locations: You may choose to take the program online via live webcast through the “distance learning” portal. If you choose this option, the program will NOT count toward your maximum 6.0 hours of distance learning. This option applies only to attorneys who would attend at closed satellite locations. You may also choose to request a transfer to a different S.C. Bar CLE seminar or you may request a full refund of your registration fee. For questions or clarification on any of these options, please contact Jane Points, CLE customer service manager, at (803) 771-0333, ext. 128 or jpoints@scbar.org.

Compliance reporting deadline quickly approaching
Pursuant to Rule 408, SCACR, attorneys must file their 2013-2014 compliance reports with the Supreme Court Commission on CLE and Specialization on or before March 1, 2014. Reports are considered to be timely filed if they are received or postmarked by Monday, March 3; reports postmarked after March 3 must include a late fee. Currently, more than 80 percent of Bar members have not filed their reports and established compliance with the mandatory CLE requirements. Compliance reports showing sufficient credit hours, along with the filing fee, should be mailed to the Commission at P.O. Box 2138, Columbia, SC 29202. Compliance reports and fees may also be hand-delivered (or overnighted) to the Commission’s office located at 950 Taylor St., Ste. 120, Columbia 29201. Questions should be directed to the Commission at (803) 799-5578 or commcle@bellsouth.net.

PMAP Tech Tip
While many things needed for practicing law have become more expensive, the cost of basic computer technology has actually decreased over time. Read Start-Up Tech for Any Budget for plans to equip a new law office on a reasonable budget. Also, take a look at The 2014 Solo and Small Firm Legal Technology Guide, an annual resource updated to include the most current info on computers, servers, legal software, security products and any other technology solo or small firm lawyers might need. Check it out for free from the Bar’s Lending Library! Call PMAP with your practice questions (803) 799-6653, ext. 183 or e-mail pmap@scbar.org.

New CLE publication release
The Fourth Amendment and its accompanying case law is one of the most complex areas of law. The Fourth Amendment: A Step-by-Step Guide to Search and Seizure Jurisprudence in South Carolina, Second Edition by Melanie McCulley Yenovkian is a comprehensive, user-friendly guide to Fourth Amendment jurisprudence in South Carolina. Completely updated and revised since the first edition, this book is the standard reference on all matters related to search and seizure in South Carolina.
Cancellation of oral arguments before the S.C. Court of AppealsDue to the potential for hazardous weather conditions, oral arguments before the S.C. Court of Appeals scheduled for Wednesday, Feb. 12, and Thursday, Feb. 13, have been canceled.

Advance Sheet updateFebruary 5, 2014
In this cross-appeal involving an action for post-conviction relief (PCR), the S.C. Court of Appeals affirmed, finding the PCR court was correct in its determination that the trial court erred in its instruction on accomplice liability. The court further found Wilds' counsel was not deficient for failing to specifically cite the Confrontation Clause of the U.S. Constitution when arguing to the trial court that he should be allowed to cross-examine Wilds' co-defendants. Wilds v. State, Op. No. 5193 (S.C. Ct. App. filed February 5, 2014) (Shearouse Adv. Sh. No. 5 at 31), is available online.

The court determined Smith’s plea counsel’s failure to put all of the terms of the plea agreement on the record, coupled with her failure to object when the solicitor requested the maximum sentence, amounted to the ineffective assistance of counsel. Accordingly, the court reversed the PCR court’s denial of relief, vacated Smith’s sentence for voluntary manslaughter and remanded for resentencing consistent with the original plea agreement. Smith v. State, Op. No. 5194 (S.C. Ct. App. filed February 5, 2014) (Shearouse Adv. Sh. No. 5 at 41), is available online.

In this products liability case, the court affirmed the trial court’s decision to deny Ford’s motion for JNOV, reversed the decision to deny setoff and reversed the decision to grant a new trial nisi additur. Accordingly, the court reinstated the jury’s verdict of $300,000 and awarded a setoff against the verdict in the amount of $20,000, holding: “in the context of a non-settling defendant’s claim for setoff, the court should examine whether the percentages allocated to one claim or the other are reasonable.”Riley v. Ford Motor Co., Op. No. 5195 (S.C. Ct. App. filed February 5, 2014) (Shearouse Adv. Sh. No. 5 at 48), is available online.

In memoriam
Jason Thomas Green, 31, of Summerville died February 5, 2014. His obituary can be found here.

Davis Frawley, LLC announces that A. Jewitte Dooley has been named a member of the firm located at 140 E. Main St., Lexington 29072. (803) 359-2512.

Mays, Foster, Gunter & Murphy, LLP announces that it is now Gunter & Murphy, LLP and that Thomas D. Kilpatrick has joined the firm located at 2512 Devine St., Columbia 29205. (803) 254-7091.

Ogletree, Deakins, Nash, Smoak & Stewart, PC announces that Ted Speth has been elected to the Board of Directors and Kathy Dudley Helms has been named managing shareholder of the Columbia office located at 1320 Main St., Ste. 600, 29201, (803) 252-1300.